Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-03
iNFoR NATION
OWNERS AND LOcAT0Rs
....oF....
MI i M Es
APPLICATION FOR PATENT.

where papers have once been fled with a..
Register and receiver they become . me
lhe record, ana can neither be Withdraw VI
returned, but must be transmitted 10 the na.of
eIsl Land Olhce. 0en
An application will be rejected when the
sufficient.
cause: 'ee'eo Do
First The notice was published withoptu.
knowledge of the Register.
~second-The notice was not pnb,,sbaa a.,
new paper designated AZ published nesrsstah n.
claim.
and aeiecuVe,
Fourth-,A previous application had bss,
made Tor the same premises, which was wttn
drawn pending . suit in Court commanoaS =.
the adverse claimant.
An application for patent will ba ra,...
when the survey does not accurately desns ~
boundaries OF the claim.
Where the Claim was not locsta5
ance with law. eoofu'
Where several parties own separate ana A,
tinct portions OF Q claim, apulicatIon -
patent may be made by either for that nar.."a
OF the claim owned by him but where so-srsi
parties own undivided interests ip : n,nan.
claim all should join In an Application aaannS
patent. WI
A person or association may pnrob.so.
many placer locations as the local isw sdm,s
and embrace them all In one application 10,
patent.
Two or more lodes cannot be anh,...
one application for q patent except for nlscs,
claims embracing two or more lodes xi,hta
their boundaries
Papers sworn TO before any person purpor,.
ing to act ss a deputy for the Register snt d.
ceiver cannot be recorded as evidences.
In all patents for mining claims sitr..oa
within the interior boundaries OF = tow 80
aelsnse Is In er'ea excepting and excludino
all town property, rights upon the surfscs
and all houses, buildings, structn,ss 80
blocks, streets, alleys or other munic,n.I as
provements not belonging to the grantee hsrs
in, and all rights necessary or prousr 10 ~
occupation, possession and enjoyment OF ths
same"
Publication Of notice must be made n o,,.
one newspaper for the period Of 60 dsy.s '
Notice must be published 10 consecntvs
weeks in weekly newspapers, and IN dstIv
newspapers 60 days must elapse between ths
fret and last insertions.
Where the Register designstes hedsiJyfssp
Of q newspaper for publication Of notices Of =
mining application for patent IL is lot 4 com.
pliAnce with law TO change to the weekly sdi.
ton of the same paper without authority Of
the Register.
The extremes Of q salt spring on 8 tract Of
land withdraws II from the operation of the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character OF such land Is not allowed. Land
containing valuable deposits OF slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate and
distinct clsim against each application which
1t 10 alleged conflicts with The premises owned
by such adverse Claimant.
The papers In an adverse claim, once hled,
cannot be Withdrawn, but becomes q part Of the
record.
When an adverse claim has been fled 4. can
/ mot h AFnntdaI 40 a a a. asa 1. ~..u 49,
ton of the premises than that described in the
original adverse claim.
An adverse claim must be made out in
proper form and hled In the proper local Office
during the period Of publication OF the Appli-
cation for the patent 10 be effective.
1t Is the duty OF the adverse claimant o
suit in proper form within the re-
CURED time, and If he trusts lhe uncertain
medium of the United States mail he must
abide the consequences, should the delay
ensue, through misfori une or accident. Should
tue failure to commence suit be the result Of
the cor fupt or dishonest action of his attorney.
the interior Department cannot redress the
wrong.
An adverse claimant should set forth in dc.
tail the facts upon which he bases his adverse
claim. A statement in general terms, enbody.
Ing conclusions Of law, without stating the
facts specially, Will not be considered Ia evi.
dence.
An adverse lalman should show . compli-
14GC Will tAG AVN1i lBMt AZ a
and In regard to expenditures. and shall nle .
copy Of the original notice Of his ~locstion, and
show the nature or extent OF the connics
alleged.
An allegation of parties to q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are the
original ~locstors or the Identical parties VINO
present the adverse claim.
AGRICULTURAL Oh MINERAL LANDS.
W.T.. t...in ts.r, ,.lua foy aoyi.
cultural purposes, but is essential to the
proper development of mining claims, II
should be disposed Of under the Mining Act
Where lands containing valuable mineral
deposits have been included in an Agricultural
entry, said entry will be cancelled 81 any time
prior to issuance of patent, upon satisfactory
evidence Of the existence of such valHable dc.
posts.
Where valuable deposits of mineral are dis.
covered upon = tract after the samt ass been
en- tered as agricultural. but before | kent has
been issued. the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled 70
that portion Of the land embraced By said
mining claim
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot bs
ceived in payment for claims.
ALIENS.
A foreigner may make q mining location.
dispose OF 1t. provided he becomes q citizen
before disposing OF the mine. Proof thai We
party was not q citizen before dispos'ng OF MS
claim must be afirmativeIy shown.
Locators and Intermediate owners, otne'
than applicants, will not be presumed anens.
in the absence Of allegation or objection Pr"
TO issuance Of patent. .
The portion of a mining claim SOLO wa
alien cannot be patented while suoh oVue..
an alien; but on hts declaration o peco%s
citizen his right dates back to his pnfSn ..,ss
lud be may thereupon secure United w"
patent for his claim.
CROSS LEDaEs.
Revised Statutes. Section 2,336: ...a
Where two or more lodges cross OF snd
each other, priority of title shall govern, ora
such prior location shall be entitled 70
or mineral cont, ined within the spsceoi nave
section, but the subsequent location Ia.
the right Of way through the space OF ,snt
section for the purpose OF the cohse ao,s
working Of the mine. And where twooi Mi
veins unite the oldeat or prior location 81" a..
take the vein below the point OF unioN'
Guiding all the space of intersection
N
There Ia no authority OF law Tor . .u. inn
location ., 600 by !, 500 feet. A proper ioca'''
IL the width Of the tunnel for 5000 Feet. -.